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H 3576 - Defines coaches of youth sports organizations as independent contractors

Tracking Level: Passed
Sponsor: Bruce Bannister (R)
Last Action: 5/2/2016 - Act No. 155
House Committee:
Assigned To:
General GovernanceNext Bill

Staff Analysis of the Legislation

02.25.2016 The Senate Labor, Commerce and Industry Committee gave this bill a favorable report.
02.03.2016 The Senate Labor, Commerce and Industry Labor and Employment subcommittee gave this bill a favorable report as amended. The amendment includes language requested by the U.S. Department of Labor assuring that coaches working for non-profit sports entities impacted are contract employees not eligible for unemployment benefits.
Summary of the bill as introduced: Clarifies that certain written agreements between nonprofit youth sports organizations and coaches provide evidence that the coach is an independent contractor rather than an employee of the organization.

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Session 121 - (2015-2016)Printer Friendly
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H*3576 (Rat #0160, Act #0155 of 2016) General Bill, By Bannister, Merrill, Murphy, Atwater, Collins, Gagnon, Hamilton, Hicks, Pitts, Sandifer, G.R. Smith, Tallon, Whitmire, Henderson and Herbkersman
Summary: Youth sports organizations
    AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-120 SO AS TO PROVIDE THAT CERTAIN WRITTEN AGREEMENTS BETWEEN NONPROFIT YOUTH SPORTS ORGANIZATIONS AND COACHES PROVIDE CONCLUSIVE EVIDENCE THAT THE COACH IS AN INDEPENDENT CONTRACTOR RATHER THAN AN EMPLOYEE OF THE ORGANIZATION AND THAT THE ORGANIZATION IS EXEMPT FROM CERTAIN OBLIGATIONS CONCERNING WORKERS' COMPENSATION COVERAGE AND INCOME TAX WITHHOLDINGS, TO PROVIDE SPECIFIC REQUIREMENTS FOR THESE WRITTEN AGREEMENTS, TO PROVIDE THESE WRITTEN AGREEMENTS ARE NOT CONCLUSIVE PROOF OF THE EXISTENCE OF AN INDEPENDENT CONTRACTOR RELATIONSHIP FOR PURPOSES OF REQUIRED COVERAGE OF UNEMPLOYMENT INSURANCE AND OF ANY CIVIL ACTIONS INSTITUTED BY THIRD PARTIES, AND TO DEFINE THE TERM "NONPROFIT YOUTH SPORTS ORGANIZATION". - ratified title
View full text          View Vote History
02/11/15House Introduced and read first time (House Journal-page 63)
02/11/15House Referred to Committee on Judiciary (House Journal-page 63)
02/12/15House Member(s) request name added as sponsor: Henderson
02/25/15House Committee report: Favorable with amendment Judiciary (House Journal-page 2)
02/26/15 Scrivener's error corrected
03/03/15House Amended (House Journal-page 28)
03/03/15House Read second time (House Journal-page 28)
03/03/15House Roll call Yeas-106 Nays-0 (House Journal-page 31)
03/04/15House Read third time and sent to Senate (House Journal-page 12)
03/05/15Senate Introduced and read first time (Senate Journal-page 13)
03/05/15Senate Referred to Committee on Judiciary (Senate Journal-page 13)
05/13/15Senate Recalled from Committee on Judiciary (Senate Journal-page 2)
05/13/15Senate Committed to Committee on Labor, Commerce and Industry (Senate Journal-page 2)
02/25/16Senate Committee report: Favorable with amendment Labor, Commerce and Industry (Senate Journal-page 14)
03/01/16Senate Committee Amendment Adopted (Senate Journal-page 15)
03/02/16Senate Read second time (Senate Journal-page 30)
03/02/16Senate Roll call Ayes-39 Nays-0 (Senate Journal-page 30)
03/10/16Senate Read third time and returned to House with amendments (Senate Journal-page 12)
03/16/16House Read third time and enrolled (House Journal-page 87)
03/16/16House Roll call Yeas-102 Nays-0 (House Journal-page 88)
04/19/16 Ratified R 160
04/21/16 Signed By Governor
04/27/16 Effective date 04/21/16
05/02/16 Act No. 155



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